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(영문) 대전지방법원 2020.04.23 2019구합100904

2019학년도 평준화 후기고 신입생 배정 취소처분 등 취소

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1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs were enrolled in the third grade of a middle school within the jurisdiction of Sejong Special Self-Governing City on January 2019, as new students of the second grade high schools in Sejong Special Self-Governing City (hereinafter “second grade schools”), and around January 2019.

B. On March 30, 2018, the Defendant issued a public notice of the master plan for admission to high school at Sejong Special Self-Governing City Office of Education on March 30, 2018 in order to conduct admission to junior high schools in the year of 2019, and on September 10, 2019, which determined the date, time, method, etc. of admission to Sejong Special Self-Governing City, within the scope of the master plan publicly notified on September 10, 2018

On September 10, 2018, according to the screening schedule publicly announced by the Defendant, the Defendant completed the delivery and receipt of applications for, and receipt of, the post-satison High School from October to December 12, 2018, and on January 8, 2019, the Defendant determined the number of drawing numbers necessary for the entrance lottery (Seedkey; hereinafter referred to as “instant cat”).

C. On January 11, 2019, at around 15:00, the Defendant announced “the result of the allocation of new students of the year 2019 by means of the computer drawing using the instant d key,” and notified the Plaintiffs of this fact as text messages.

(hereinafter “First Allocation”). As a result of the first allocation, the Plaintiffs were allocated to each school supported with a single unit network.

The result of the first allocation was based on the result of computer lottery conducted by 109 successful applicants, such as foreign language high schools, international high schools, and autonomous private high schools, which are not new students, due to the error in the computer lottery system, and which are not new students to be assigned (hereinafter “successful applicants, such as foreign languages”).

On January 11, 2019, the Defendant sent text messages to the Plaintiffs on January 15:30, 2019, stating that “The primary allocation was wrong due to system errors, and would have to guide again the results of allocation.” The Defendant notified the Plaintiffs that the first allocation was revoked.

(c).